RSA 560 of 2011 (O&M) 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYNA AT CHANDIGARH.
RSA 560 of 2011 (O&M)
Date of decision:27.4.2011
Inderjeet Singh
Petitioner
vs.
Lal Singh & Others
Respondent
Present: Mr. Ashok Singla, Advocate.
M.M.S.BEDI,J.
The present appeal has been filed by Inderjit Singh L.R. of
Harnam Singh. Harnam Singh and Nanak Singh had claimed that in the
entire suit land measuring 113 kanal 6 marlas, mentioned in the heading of
the plaint, they had joint 1/3rd share where as their father Maha Singh had
2/3 rd share. After the death of Maha Singh, on the basis of inheritance, the
brothers of Harnam Singh and Nanak Singh,namely Lal Singh and Avtar
Singh had claimed share in the entire suit land measuring 113 kanal 6
marla. The courts below have given a specific finding of fact in favour of
Harnam Singh and Nanak Singh sons of Maha Singh to the effect that the
allotment of suit land in their name by virtue of sanad Ex. D-10 dated
14.5.1970 was valid so far as vesting of their right to the extent of 1/3rd
share in the property in dispute is concerned.
Since three suits were decided simultaneously, counsel for the
appellant has submitted that by virtue of decree all the heirs of Maha
Singh have been declared to be owners in equal shares on the basis of
inheritance to the extent of 167th share. Swaran Kaur, daughter of pre
deceased son of Maha singh has been also held to be owner as per her
share to the extent of 1/7th share by the lower appellate court. The only
RSA 560 of 2011 (O&M) 2
apprehension of the appellant is that despite there being a finding on Issue
No.1 in civil suit No. 162 of 1994 in favour of Harnam Singh and Nanak
Singh, the claim will be raised by the other heirs of Maha Singh in the 1/3rd
share, which has been held to be valid by the courts below whereas all the
heirs of Maha Singh are entitled to inherit the property of Maha Singh,
which will be only 2/3rd share along with Harnam Singh and Nanak Singh
(1/3rd share). The apprehension appears to be misconceived. The rights of
Harnam Singh on the basis of conveyance deed Ex.D 10 have been safe
guarded. The exclusive rights of Harnam Singh and Nanak Singh in 1/3rd
share stand safe guarded, as such, no ground is made out for any
interference in the judgment and decree passed by the courts below.
Disposed of with the above clarification.
April 27 ,2011 ( M.M.S.BEDI ) TSM JUDGE